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← 2004 Pa. Super. 244 - Commonwealth v. Frye

2004 Pa. Super. 244 - Commonwealth v. Frye’s Empirical Analysis

2004

Citation profile

5
cited by 5 later decisions
1
states following
September 2014
most recently cited

5 state decisions

Relationships

Relies on Cox v. Commonwealth, Board of Probation & Parole · 267 Pa. Super. 163 - Commonwealth v. Mallon · Commonwealth v. Chiappini · 264 Pa. Super. 435 - Commonwealth v. Usher · Commonwealth, Department of Corrections v. Reese

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Defendant pled guilty to Access Device Fraud and was sentenced on March 3, 2003, to a term of imprisonment for a minimum of forty-five (45) days and a maximum of eighteen (18) months. By order dated April 29, 2003, the Court approved the Defendant’s parole plan and she was paroled effective May 1, 2003. The Bradford County Probation Department (hereinafter “Probation”) filed a petition to revoke that parole on January 29, 2004, setting forth an extensive 1st of parole violations. The Defendant was found to have violated her parole and was remanded to prison on March 9, 2004. A new parole plan was developed and approved and the Defendant was again granted parole effective August 19, 2004. Probation filed a petition to revoke that second parole on April 13, 2005, setting forth another extensive list of parole violations. On May 11, 2005, the Defendant’s parole was revoked and she was remanded to prison. Still a third parole plan was developed. This plan called for the Defendant to be subject to house arrest with electronic monitoring. The Defendant accepted parole with those terms and the Court approved the plan and the Defendant was paroled on those terms by Order of August 10, 2005. On January 12, 2006, Probation filed a third petition to revoke parole setting forth a list of violations. The Defendant’s third parole was revoked on February 6, 2006 and she was remanded to incarceration. The very next day, February 7, 2006, the Defendant filed the petition for credit for time s”
    1 later decision quote this exact passage
  2. “We conclude that the time Frye spent on house arrest was clearly “time spent in custody” for purposes of the statute. Frye could not even have gone into the yard of her residence without setting off an alarm. She needed permission to leave the house or attend Alcoholics Anonymous meetings, counseling, work or other programs. Probation officers were free to enter her house and search her at any time. As such, we believe that Frye, in effect, was incarcerated albeit at her home address.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.